School Bus Accidents: Assessing Responsibility

September 5, 2017 | Personal Injury

School Bus Accidents: Who’s Liable for Damages?

School bus accidents are harrowing, both because there are often multiple victims affected and the damages severe, and because the victims are typically young children. When a school bus accident occurs, the families of those involved in the accident may have numerous questions regarding liability, and how to recover compensation for their losses.

What Caused the Accident?

Determining liability for a school bus accident is dependent upon what or who caused the accident. Causes of bus accidents can vary significantly, ranging from the negligent and dangerous behavior of the bus driver, to the irresponsible actions of another driver, to a defective bus part, such as a defective tire that experiences a blowout and causes the wreck.

Who’s Liable – The School District or the Bus Driver?

When it is determined that the bus driver was to blame for the crash via an act of negligence, i.e. driving too fast for conditions, failing to yield, or driving while impaired, a second question arises: who is liable – the school district or the bus driver? Via the theory of vicarious liability, a school district may be held liable for the actions of its employee when the employee was acting within the scope of employment. Further, the school district could be held liable if it failed to properly train the driver, failed to check their driving background prior to hiring, failed to perform proper maintenance on the bus, etc.

The Complicated Nature of Filing a Claim

In addition to determining who is liable for the crash, if the bus driver (school district) is to blame, filing a claim can be complicated. Not only will you need to prove that the accident would not have occurred but for the negligence of the at-fault party, but you may also need to follow state-specific regulations for filing a claim against a municipality (school districts are often considered to be government entities).

Working with an Experienced Law Firm

At the law offices of Napoli Shkolnik PLLC, we are here to help your family after a school bus accident has occurred, injuring or killing your child. In order to improve your family’s chances of recovering the compensation you are entitled to, you will need to understand and prove liability, and file your claim in accordance with regulations. For assistance with all of the above, and to work with a compassionate advocate who understands what you’re going through, contact our law offices today.

How Can We Help?

Related Articles

Elevated Lead Blood Levels in Children

March 16, 2016

One of the worst types of toxic exposure for young children is lead, which is why it is no longer used in paint. Since 1997, the Centers for Disease Control and Prevention (CDC) began testing lead blood levels in children under six years old. The levels have continued to drop since the testing protocol began.…Read the article

Food Contamination Can Lead to Serious Health Problems

March 30, 2018

Food contamination can lead to foodborne illnesses, typically called food poisoning. Foodborne illness is a serious occurrence, with the Centers for Disease Control and Prevention (CDC) reporting that an estimated 48 million people get sick each year, that over 120,000 are hospitalized, and that about 3,000 die as a result of food contamination annually in…Read the article

Shoulder Impingement Injury

March 3, 2016

A bad fall, a direct blow in an automobile accident, or an overuse injury from work can all attribute to a debilitating injury called shoulder impingement. Shoulder impingement occurs when the room between the rotator cuff and the top bone of the shoulder (the acromion) is narrowed or made jagged from an injury. The pain…Read the article

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Past outcomes mentioned on this site do not guarantee future results.